Sufiya Maksud Khan v. the State of Maharashtra and Anr.
Case brief
What is this about?
Single-judge High Court Criminal Application seeking cancellation of bail. Court examined FIR alleging sexual harassment by a neighbor but found the Sessions Court's reasoning regarding consensual nature and age acceptable. Application rejected.
What the court decided
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7 APPLN 21-2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 21 OF 2020
Sufiya Maksud Khan ... Applicant versus The State of Maharashtra & Anr. .... Respondents
Mr. Tejas Hilage, for the Applicant. Smt. A. A. Takalkar, APP for State-Respondent. Ms. Gargi Joshi h/f. Mr. Kedar J. Patil, for Respondent No.2.
CORAM : SARANG V. KOTWAL, J. DATE : 08th FEBRUARY, 2021
P.C. :
. This is an application for quashing of the order dated 26th December 2019 passed below Exh.1 in Criminal Bail Application No.321 of 2019 passed by the learned Incharge Additional Judge, Ichalkaranji in the matter pertaining to F.I.R in C.R.No.614/2019 registered with Shivaji Nagar Police Station. The prayer is for taking the applicant in custody. In effect, this is an application for cancellation of bail.
- Heard Mr. Tejas Hilage, learned Counsel for the
Manjusha
Issues for consideration
2 issues framed by the court
Whether the bail granted by a Sessions Judge to the accused in a sexual offence case, despite a prior rejection by another judge, should be cancelled or upheld.
Whether the Sessions Court's reasoning that the relationship was consensual and the prosecutrix was near the age of majority justifies the grant of bail.
Parties & counsel
- applicant
Sufiya Maksud Khan
- respondent
The State of Maharashtra
- respondent
Respondent No.2
Coram
Case details
As recorded by the court registry
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